The Law Handbook 2024

656 Section 6: Houses, communities and the road drink-driving offences (see ‘Drink-driving offences’, above). 3 Refusing to undergo a drug-impairment assessment under section 55A (s 49(1)(ca)). 4 Refusing to comply with a requirement (under section 55B to provide a blood or urine sample after a drug-impairment assessment (s 49(1)(ea)). 5 Providing a sample of fluid or blood within three hours of driving that contains a prescribed illicit drug (s 49(1)(h),(i)). This is similar to section 49(1)(f), (g), which are the ‘fail the test’ drink- driving offences. 6 Refusing to provide a preliminary sample of oral fluid or a sample for oral fluid testing and analysis (s 49(1)(eb)). These offences are similar to section (s 49(1)(c), (e), which are the offences of refusing a preliminary breath test and refusing a breathalyser test. Prescribed illicit drugs are cannabis, methampheta­ mine and ecstasy. Unlike drink-driving offences (which generally require a BAC of .05 or above), drug-driving offences only require the illicit drug to be present. The testing procedure for drug-driving offences is similar to the general drink-driving testing procedure: if a random roadside preliminary test is positive, it will be followed by a second, more thorough test. Penalties A person who is convicted of driving with drugs in their blood (s 49(1)(bb) Road Safety Act) must have their driver licence disqualified for at least six months for the first offence and 12 months for the second and subsequent offences (s 50(1E)). A person who is convicted of driving while drug-impaired must have their licence disqualified for a minimum of 12 months (for a first offence) or two years (for second or subsequent offences) (s 50(1C)). For both offences, the driver may also have to pay a fine, or serve a jail term, particularly for subsequent offences. A driver who is convicted of the offences of refusing to undergo a drug-impairment assessment or refusing to comply with a requirement under section 49(1)(ca) and 49(1)(ea), respectively, can have their licence disqualified for two years for the first offence and four years for second and subsequent offences (s 50(1D)). The provisions for immediate licence suspension for drug-impairment offences (s 51(1A)) are similar to the provisions for immediate licence suspension for drink-driving offences (see ‘Immediate licence suspension’, above). Also, the requirements for licence restoration for drink-driving offences (see ‘Licence restoration and licence eligibility orders’, above) apply to the new drug offences (see s 50)). Similar to drink-driving offences, prior convictions for drug-driving offences that occurred more than 10 years earlier do not automatically mean that the current offence is regarded as a second or subsequent offence, with the resultant increase in penalties. Driving while disqualified or suspended It is an offence to drive a motor vehicle while the authorisation granted to do so has been suspended; or during a period of disqualification from obtaining such authorisation. This offence is constituted by driving after a court or VicRoads has suspended a driver licence. However, once the period of licence disqualification has expired, a driver who has not had their licence restored is regarded as unlicensed, not disqualified (see ‘Unlicensed driving’, below). Driving while disqualified has a maximum penalty of 240 penalty units (pu) or two years’ imprisonment for the first or subsequent offence (s 30 Road Safety Act). See ‘A note about penalty units’ at the start of this book. Magistrates are not required to extend the period of suspension or disqualification for drivers found guilty of driving while disqualified, although some magistrates will make these orders even for a first offence. Drivers convicted of a second or subsequent offences face vehicle impoundment (see ‘Seizure of motor vehicles’, below). It is possible to defend a charge of driving while disqualified on the grounds that the driver was unaware of the disqualification or suspension. Drivers should obtain legal advice on the merits of this defence. However, in the event that a driver is found not guilty of driving while disqualified, on the ground that they were unaware of being disqualified, a magistrate may order that the driver serve a period of licence disqualification in substitution for the time they claimed to have been unaware of the disqualification period (s 30A). Unlicensed driving Unlicensed driving is a common offence and differs from the offence of driving while disqualified